Presenting, Back from the [Almost] Dead, the Entrapment Defense

Abstract:     
Over the last several years a wide variety of cases has raised serious entrapment issues. Much of the push here results from the United States Supreme Court's Jacobson opinion as well as several circuit and state court decisions applying more broadly the entrapment doctrine. The article analyzes current entrapment law and contends that some recent applications have begun to favor the defense with more courts willing to find entrapment as a matter of law. Several illustrative cases from the recent past are considered in light of the newer decisions. The conclusion here is that had these cases been brought today, the defense would have had a far greater chance of being accepted by judge and or jury.

JEL Classification: K14

Accepted Paper Series